NEERAJ SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Writ jurisdiction of this Court under Article 226 of the Constitution is invoked to assail the impugned orders P-1 and P- 2 dated 21.08.2017 and 18.08.2017 by which the candidature of the petitioner for appointment to the post of of Constable in the Police force under the Government of M.P. has been rejected on the sole ground that acquittal of the petitioner in the offence punishable under section 3(1)(x) SC/ST (Prevention of Atrocities) Act, 1989 (The 1989 Act) by judgment dated 21.03.2014 in S.T. No. 23/2013 rendered by Special Judge (Atrocities), Morena is not clean and honourable in nature. Further challenge is made to Annexure P-3, the circular dated 05.06.2003 issued by the Ministry of Home, Government of M.P. to the extent it comes in way of the petitioner for obtaining public employment.

(2.) Learned counsel for the rival parties are heard.

(3.) Undisputed facts are that the petitioner participated in the recruitment process for appointment to the post of Constable in Police Force under the State of M.P. conducted in 2013. Despite selection, no appointment order was issued to the petitioner which impelled him to prefer W.P. No. 6823/2014 vide P-4. During pendency of the said petition, order Annexure P-4 dated 21.10.2014 was issued informing the petitioner that he was declared ineligible for appointment to the police force on the ground of the adverse character verification report submitted by the S.P. Monger Bihar, which impelled the petitioner to withdraw the said petition and filing a fresh one bearing W.P. No. 33/2015 which was disposed of vide order dated 21.10.2014 directing the respondents to reconsider the case of the petitioner, which was followed by filing of Contempt Petition No. 248/2017, during the pendency of which the impugned order P-1 was passed, rendering the said contempt petition infructuous thereby compelling the petitioner to prefer the present writ petition.